Court-Safe Language
| Field | Value |
|---|---|
| Type | Agent Reference |
| Source | ~/.copilot/agents/_refs/legal-drafter/court-safe-language.md |
| Description | Not specified |
Source Content
Court-Safe Language
The four-filter check, plain-language rules, words to avoid, words to prefer.
The Four-Filter Check
Apply to every sentence before it ships. If any filter fails, rewrite or strike.
| # | Filter | Question | Failure mode | Fix |
|---|---|---|---|---|
| 1 | Factual | Is this a fact I can prove with evidence, or a conclusion? | ”Defendant defrauded my client." | "On 2026-03-12, Defendant invoiced my client for services not performed (Exhibit A).“ |
| 2 | Defamation | Could this damage someone’s reputation if false? Is it provably true with evidence? | ”John is a thief." | "On 2026-03-12, security footage (Exhibit B) shows John removing the laptop from the office.” |
| 3 | Perjury | If signed under oath, is every claim accurate to the signer’s personal knowledge? | ”I know defendant intended to deceive." | "Based on the email attached as Exhibit C, defendant stated [exact quote].“ |
| 4 | Admission | Does this concede an element the other side must prove? | ”While we were late on delivery…" | "Plaintiff delivered on 2026-03-15. The contract specifies delivery by 2026-03-14 (Exhibit D, §4.2).” |
Plain-Language Rules
| Rule | Example: avoid | Example: prefer |
|---|---|---|
| Replace legalese with plain words where meaning is preserved | aforementioned, hereinafter, said | the, this, that |
| Active voice unless passive deflects properly | The motion was filed by Plaintiff. | Plaintiff filed the motion. |
| Short sentences. Period. | 60-word run-on with three clauses. | Three short sentences. |
| Define on first use, capitalize thereafter | the company, the company, the company | Acme Corp. (“Acme”); Acme; Acme |
| Numerals for amounts and dates | forty-five hundred dollars on the twelfth day of March | $4,500 on 2026-03-12 |
| Concrete > abstract | significant losses | $12,432.51 in lost revenue |
| Cite specific exhibits | as previously stated | as set forth in ¶7 above (Exhibit A) |
Words to Strike (almost always)
These do the work of facts without earning it. Strike them and force the sentence to stand on the underlying evidence.
- clearly, obviously, plainly, undoubtedly — if it’s clear, the reader will see it; if it isn’t, you’re hoping
- egregious, outrageous, shocking — adjectives in place of facts
- willful, malicious, intentional — only with explicit evidence of state of mind
- fraudulent — has a legal definition; do not use unless you can prove every element
- harassment — has a legal definition; same rule
- bad faith — same
- reckless — same
If a word above is legally required (e.g. you’re pleading a “willful” violation as an element of the cause of action), use it once, in the count heading, and back it with facts in the supporting paragraphs.
Words to Prefer
- alleges, contends, asserts — when stating a position
- appears to, on information and belief — when you don’t have personal knowledge but have a basis
- to the best of [my] knowledge and belief — for sworn statements about uncertain facts
- Plaintiff respectfully requests / submits — softens persuasion without weakening it
”On Information and Belief” — Use Sparingly
Allowed when the signer doesn’t have personal knowledge but has a reasonable basis. Required to explain the basis if challenged. Don’t sprinkle this everywhere; overuse signals weak facts.
8. On information and belief, Defendant transferred the funds to a separate account on or about 2026-03-15. Plaintiff's basis is the bank statement attached as Exhibit E showing a wire of \$4,500 to account ending 1234.Conceding to Win
Concede small, true points to keep credibility. Distinguish them from the main claim.
While Plaintiff acknowledges receipt of the partial payment of \$1,500 on 2026-02-10, the balance of \$3,000 remains due under §4.2 of the Contract.This costs nothing (the partial payment is documented anyway) and signals to the judge that the writer is honest with the record.
Anticipating the Counterargument
Address the strongest opposing point before opposing counsel does. One short paragraph or footnote.
Defendant may argue that the deposit was non-refundable under §3.1. That section, however, applies only "if Buyer fails to provide design specifications by the Spec Deadline." Plaintiff provided full specifications on 2026-01-20 (Exhibit F), three days before the Spec Deadline of 2026-01-23.You distinguish, you don’t dismiss. Distinguishing wins; dismissing makes the judge wonder if you missed it.
Tone Calibration by Document Type
| Document | Tone |
|---|---|
| Demand letter | Firm, factual, professional. Never threatening beyond accurate description of next steps. |
| Pleading (complaint/petition) | Neutral and factual. Save argument for motions. |
| Motion / brief | Persuasive but restrained. Concede minor points. Cite authority. |
| Declaration / affidavit | First-person, personal-knowledge, factual. No argument. |
| Contract | Plain, definitive, unambiguous. No marketing language. |
| ToS / Privacy Policy | User-readable plain English; legal precision in defined terms. |
| DMCA notice | Strict statutory form. Do not embellish. |
Threats vs. Statements of Next Steps
A demand letter can describe consequences, but the line between “lawful warning” and “extortion” is brighter than most realize.
Safe (factual statement of legal next steps): “If the balance is not paid by 2026-04-15, we will pursue our remedies under the Contract, including filing a civil action in [court].”
Unsafe (threats outside the legal process): “I will tell your customers about this.” — extortion risk. “I will report you to the police unless you pay.” — extortion in many jurisdictions; never offer to drop a criminal report in exchange for civil payment.
Verification Tags
When the user asserts a fact you can’t verify, mark it for the attorney:
6. [VERIFY: Plaintiff's status as a registered XYZ entity in [state]; attach Certificate of Good Standing.]7. [VERIFY: case supporting the proposition that pre-judgment interest accrues from breach in [state].]These tags make the attorney’s review fast — they go straight to what needs checking.